Legal Question in Intellectual Property in Arizona

Can I register a trademark/name that is currently being used by another company in an unrelated field. My research show an internet marketing company using the name I want to use. My industry is textiles (I am launching a clothing line). Please let me know the precedent on issues of this matter.\n


Asked on 7/29/09, 1:34 pm

2 Answers from Attorneys
Joan Bundy Joan Bundy Law

While I do not specialize in patents/trademarks/copyrights/intellectual property law, you'll probably be OK so long as the usage is in a totally different field. It looks like additionally yours is a goods and theirs is a service, which is even more distinct. However I would not delay in getting your intended name registered with the state (Arizona Corporations Commission) and also the U.S. Patent and Trademark Office. You can do both online. Best of luck!

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Answered on 8/03/09, 6:05 pm
Donald W. Hudspeth The Law Offices of Donald W. Hudspeth, P.C.

The answer is yes, as long as the other field is truly unrelated (and it is not being used in the U.S. or Internationally within the textiles category).

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Answered on 8/04/09, 1:57 pm


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